DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 7-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/18/2026.
Applicant’s election without traverse of Group I, claims 1-6, in the reply filed on 02/18/2026 is acknowledged.
Status of the Claims
Claims 1-12 are pending. Claims 7-12 are withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 100. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Damani et al. (US 2005/0079166 A1).
Regarding claim 1, Damani discloses:
An ignition system, ([0007] disclosing a heating unit), for a cigarette stick, ([0126] reasonably disclosing meeting the intended use with a cigarette stick by disclosing embodiments where the heating unit used with drug supply units that include therapeutic use and non-therapeutic use, and where non-therapeutic use includes recreational or experimental purpose, [0004] disclosing heat sources for use with cigarettes, ([0006] disclosing that the device embodiments are to fulfil the need for rapid heat production for use in articles to be used by people, reasonably suggesting that the ignition system has an intended use to heat a cigarette stick), the ignition system comprising:
a metal package to which a metal terminal is attached, ([0072] disclosing embodiments include electrical leads in contact with an initiator composition within the metal package, where the electrical leads are reasonably understood to comprise metal Figs 1A-B, 2A-D, 3, and 6A-C); and
a heat source portion in contact with the metal package, wherein the heat source portion comprises a solid metal and an oxidizing agent, ([0007] disclosing solid fuel capable of undergoing an exothermic metal oxidation-reduction reaction), ([0040]-[0041]where the solid fuel is contained within a substrate formed from a thermally conductive material, that is typically metal, anticipating the limitation a metal package).
Regarding claim 2, Damani discloses, the ignition system of claim 1, wherein the solid metal is in a form of powder, ([0059] disclosing that the metal reducing agent can be in the form of a powder), and the solid metal is at least one selected from the group consisting of aluminum (Al), zirconium (Zr), boron (B), tungsten (W), nickel (Ni), and titanium (Ti), ([0043], [0080] disclosing metal reducing agents in a list comprising all of the listed species).
Regarding claim 3, Damani discloses, the ignition system of claim 1, wherein the oxidizing agent is in a form of powder, ([0059] disclosing that the oxidizing agent can be in the form of a powder), and discloses that the oxidizing agent may be a perchlorate and/or transition metal oxides, where potassium perchlorate and iron (III) oxide (Fe2O3) are explicitly listed ([0044]).
Regarding claim 4, Damani discloses, the ignition system of claim 1, wherein the heat source portion further comprises a gelling agent and a surfactant, ([0047] disclosing that the solid fule may comprise additive materials to facilitate processing and determine thermal and temporal characteristics, explicitly reciting both gelling agents and surfactants as additive for inclusion in the solid fuel, considered the heat source).
Regarding claim 5, Damani discloses, the ignition system of claim 1, wherein the heat source portion has a cylindrical shape, disclosing that the solid fuel can be any appropriate shape and any appropriate dimensions, ([0066]), and embodiments where the heating unite has a generally cylindrical shape, ([0074], [0100], [0105]).
Regarding claim 6, Damani discloses, the ignition system of claim 1, wherein an outer surface of the heat source portion is surrounded by a heat transfer portion having a high thermal conductivity, ([0040] disclosing that the heating unit can comprise an outer layer formed from a thermally conductive materials, and comprise multiple films and/or coatings and/or layers, where heat is conducted from an interior surface to an exterior surface).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL E VAKILI whose telephone number is (571)272-5171. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.E.V./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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